Brown v. USA
Gary Fleming |
USA |
4:2016cv00049 |
June 9, 2016 |
US District Court for the Eastern District of Tennessee |
Winchester Office |
Lincoln |
Harry S Mattice |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Available Case Documents
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Filing 5 MEMORANDUM AND OPINION: Accordingly, the Governments Motion to Deny Petitioners § 2255 Motion as Meritless and to Dismiss it with Prejudice (Doc. 4) will be GRANTED. Petitioners § 2255 Motion (Doc. 1) will be DENIED and th is action will be DISMISSED WITH PREJUDICE. The Governments Motion for Extension of Time to File a Response (Doc. 2) and Motion to Defer Ruling Pending Beckles (Doc. 3) will be DENIED AS MOOT. The Court further will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. See Fed. R. App. P. 24. Finally, Petitioner having failed to make a substantial showing o f the denial of a constitutional right,a certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). AN APPROPRIATE JUDGMENT ORDER WILL ENTER. Signed by District Judge Harry S Mattice, Jr on 5/10/2019. (Copy of memo&opinion mailed to petitioner Gary Fleming)(DJH) |
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Respondent: USA | |
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Petitioner: Gary Fleming | |
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